Whitfield v. State

Full title: MILLARD WHITFIELD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Feb 16, 1982

409 So. 2d 1161 (Fla. Dist. Ct. App. 1982)

Opinion

No. AF-36.

February 16, 1982.

Appeal from Circuit Court, Okaloosa County; Erwin Fleet, Circuit Judge.

Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., for appellee.

PER CURIAM.

The appealed order denying appellant's motion to correct an illegal sentence is reversed and remanded to the lower court with directions to grant appellant's motion and resentence appellant as a youthful offender under Section 958.05, Florida Statutes (1979) as mandated by the Florida Supreme Court in State v. Goodson, 403 So.2d 1337 (Fla. 1981).

REVERSED and REMANDED.

BOOTH, SHIVERS and JOANOS, JJ., concur.